do-me/EUR-LEX huggingface dataset:
Case C-263/09 P: Judgment of the Court (Grand Chamber) of 5 July 2011 — Edwin Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Elio Fiorucci (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 52(2)(a) — Community word mark ELIO FIORUCCI — Application for a declaration of invalidity based on a right to a name under national law — Review by the Court of Justice of the interpretation and application of national law by the General Court — Power of the General Court to alter the decision of the Board of Appeal — Limits)
Date: 2011-07-05
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, clothing, cosmetic product, leather, trade-mark law








C_2011252EN.01000401.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/4





Judgment of the Court (Grand Chamber) of 5 July 2011 — Edwin Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Elio Fiorucci
(Case C-263/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 52(2)(a) - Community word mark ELIO FIORUCCI - Application for a declaration of invalidity based on a right to a name under national law - Review by the Court of Justice of the interpretation and application of national law by the General Court - Power of the General Court to alter the decision of the Board of Appeal - Limits)
2011/C 252/04
Language of the case: Italian

Parties


Appellant: Edwin Co. Ltd (represented by: D. Rigatti, M. Bertani, S. Verea, K. Muraro and M. Balestriero, avvocati)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto, L. Rampini and J. Crespo Carrillo, Agents), Elio Fiorucci (represented by: A. Vanzetti and A. Colmano, avvocati)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 14 May 2009 in Case T-165/06 Elio Fiorucci v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which the Court annulled, in so far as it contains an error of law in the interpretation of Article 8(3) of the Codice della Proprietà Industriale, the decision of the First Board of Appeal of OHIM of 6 April 2006 (Case R 238/2005-1), relating to invalidity and revocation proceedings between Mr Elio Fiorucci and Edwin Co. Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Dismisses the claim for amendment of the judgment of the Court of First Instance of the European Communities of 14 May 2009 in Case T-165/06 Fiorucci v OHIM — Edwin (ELIO FIORUCCI), submitted by Mr Fiorucci;










3.


Orders Edwin Co. Ltd and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) each to bear its own costs and to pay jointly three quarters of the costs of Mr Fiorucci;










4.


Orders Mr Fiorucci to bear one quarter of his own costs.






(1)  OJ C 220, 12.9.2009.
Statement of revenue and expenditure of the European Centre for the Development of Vocational Training (Cedefop) for the financial year 2010 — Amending Budget No 1
Date: 2011-07-05
Institutions: Cedefop
Subjects: Cedefop, amending budget, expenditure, financial year, publication of accounts, revenue








C_2011197EN.01000101.xml










5.7.2011   


EN


Official Journal of the European Union


C 197/1





Statement of revenue and expenditure of the European Centre for the Development of Vocational Training (Cedefop) for the financial year 2010 — Amending Budget No 1
(2011/C 197/01)
REVENUE









Title
Chapter


Heading


Budget 2010


Amending budget No 1


New amount





1






EUROPEAN COMMUNITY SUBSIDY





 



Title 1 — Total




16 920 000



 



16 920 000






2






MISCELLANEOUS REVENUE





 



Title 2 — Total




60 000



 



60 000






3






PAYMENTS FROM THIRD PARTIES





3 2


OTHER PAYMENTS FROM THE COMMISSION


p.m.


810 000


810 000




 



Title 3 — Total




456 308




810 000




1 266 308





 



GRAND TOTAL




17 436 308




810 000




18 246 308





EXPENDITURE












Title
Chapter


Heading


Appropriations 2010


Amending budget No 1


New amount




Commitments


Payments


Commitments


Payments


Commitments


Payments





1






STAFF





 



Title 1 — Total




10 985 000




10 985 000



 


 



10 985 000




10 985 000






2






BUILDINGS, EQUIPMENT AND MISCELLANEOUS OPERATING EXPENDITURE





 



Title 2 — Total




1 315 000




1 315 000



 


 



1 315 000




1 315 000






3






OPERATING EXPENDITURE





3 1


PARTICIPATION OF NON-MEMBER STATES IN THE WORK PROGRAMME


421 308


421 308


810 000


810 000


1 231 308


1 231 308




 



Title 3 — Total




5 136 308




5 136 308




810 000




810 000




5 946 308




5 946 308





 



GRAND TOTAL




17 436 308




17 436 308




810 000




810 000




18 246 308




18 246 308
Corrigendum to the statement of revenue and expenditure of the Community Fisheries Control Agency for the financial year 2011 ( OJ C 100, 31.3.2011 )
Date: 2011-07-05
Institutions: European Fisheries Control Agency
Subjects: European Fisheries Control Agency, expenditure, financial year, publication of accounts, revenue








C_2011197EN.01003701.xml










5.7.2011   


EN


Official Journal of the European Union


C 197/37





Corrigendum to the statement of revenue and expenditure of the Community Fisheries Control Agency for the financial year 2011

(
Official Journal of the European Union C 100 of 31 March 2011
)

(2011/C 197/08)
On page 148, the table should read as follows:

‘Establishment plan











Function group and grade


2009


2010


2011




Permanent posts


Temporary posts


Permanent posts


Temporary posts


Permanent posts


Temporary posts




AD 16


 


 


 


 


 


 




AD 15


 


 


 


 


 


 




AD 14


 


1


 


1


 


1




AD 13


 


1


 


1


 


1




AD 12


2


2


1


2


1


2




AD 11


 


1


 


 


 


 




AD 10


 


1


 


1


 


1




AD 9


4


4


3


5


2


6




AD 8


2


1


2


1


1


2




AD 7


 


1


 


1


 


1




AD 6


 


1


 


1


 


1




AD 5


 


1


 


1


 


1




Total AD


8


14


6


14


4


16




AST 11


 


1


 


1


 


1




AST 10


1


5


1


5


 


6




AST 9


 


3


 


3


 


3




AST 8


1


2


1


2


 


3




AST 7


 


9


 


8


 


8




AST 6


 


3


 


3


 


3




AST 5


 


5


 


6


 


6




AST 4


 


 


 


 


 


 




AST 3


 


 


 


 


 


1




AST 2


 


3


 


3


 


2




AST 1


 


 


 


 


 


 




Total AST


2


31


2


31


 


33





Grand total




10




45




8




45




4




49’
Case C-352/11: Action brought on 5 July 2011 — European Commission v Republic of Austria
Date: 2011-07-05
Institutions: Court of Justice
Subjects: Austria, action for failure to fulfil an obligation, tradeable emission permit








C_2011252EN.01002601.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/26





Action brought on 5 July 2011 — European Commission v Republic of Austria
(Case C-352/11)
2011/C 252/48
Language of the case: German

Parties


Applicant: European Commission (represented by: G. Wilms and A. Alcover San Pedro, Agents)

Defendant: Republic of Austria

Form of order sought







—


Declare that, by failing to grant permits in accordance with Articles 6 and 8 of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (IPPC Directive), to reconsider or if necessary renew and check compliance with existing permits, in order to ensure that all existing installations are operated in accordance with the requirements of Articles 3, 7, 9, 10 and 13, 14(a) and (b) and Article 15(2) of the IPPC Directive, the Republic of Austria has failed to fulfil its obligations under Article 5(1) of the IPPC directive;










—


Order the Republic of Austria to pay the costs.





Pleas in law and main arguments

Pursuant to the provisions of the IPPC Directive, (1) since 30 October 2007‘existing installations’ within the meaning of that directive require a permit.
According to the information currently available to the Commission, at the relevant time not all of those ‘existing installations’ situated in the Republic of Austria are in possession of the necessary permit.


(1)  Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (OJ 2008 L 24, p. 8)
Prior notification of a concentration (Case COMP/M.6292 — Securitas/Nicayah Group)  Text with EEA relevance
Date: 2011-07-05
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, security services








C_2011196EN.01001501.xml










5.7.2011   


EN


Official Journal of the European Union


C 196/15





Prior notification of a concentration
(Case COMP/M.6292 — Securitas/Nicayah Group)
(Text with EEA relevance)
2011/C 196/07






1.


On 28 June 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Securitas AB (‘Securitas’, Sweden) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Niscayah Group (‘Niscayah’, Sweden) by way of public bid.










2.


The business activities of the undertakings concerned are:






—


Securitas: provision of security services, including manned guarding, alarm monitoring and response and aviation security,










—


Niscayah: design and installation of security systems, maintenance and repairs as well as monitoring services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6292 — Securitas/Nicayah Group, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2011-07-05
Institutions: European Commission
Subjects: France, State aid, Sweden, aid to industry, control of State aid, postal and telecommunications services








C_2011196EN.01000601.xml










5.7.2011   


EN


Official Journal of the European Union


C 196/6





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2011/C 196/03






Date of adoption of the decision


12.1.2011




Reference number of State Aid


N 193/10




Member State


Sweden




Region


Blekinge Laen, Kronobergs Laen




Title (and/or name of the beneficiary)


Stöd för projektet LignoBoost




Legal basis








 


Förordning (1988:764) om statligt stöd till näringslivet










 


Förordning (2008:761) om statligt stöd till forskning, utveckling och innovation på energiområdet








Type of measure


Individual aid




Objective


Research and development




Form of aid


Direct grant




Budget


Overall budget: SEK 90 million




Intensity


23 %




Duration (period)


Until 2016




Economic sectors


Manufacturing industry




Name and address of the granting authority







Statens energimyndighet




Box 310




SE-631 04 Eskilstuna




SVERIGE








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm






Date of adoption of the decision


10.5.2011




Reference number of State Aid


SA.29191 (11/NN)




Member State


France




Region


—




Title (and/or name of the beneficiary)


4e licence de téléphonie mobile UMTS en France




Legal basis


Décret no 2009-948 du 29 juillet 2009 modifiant le décret no 2007-1532 du 24 octobre 2007 modifié relatif aux redevances d’utilisation des fréquences radioélectriques




Type of measure


Aid scheme




Objective


Innovation




Form of aid


Ad hoc contracts




Budget








 


Annual budget: —










 


Overall budget: —








Intensity


Measure does not constitute aid




Duration (period)


1.2010-2030




Economic sectors


Post and telecommunications




Name and address of the granting authority


Gouvernement de la République française




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Case F-38/11: Order of the Civil Service Tribunal (First Chamber) of 5 July 2011 — Alari v Parliament (Staff case — Officials — Promotion — 2009 promotion exercise — Transfer from one institution to another during promotion exercise in which the official would have been promoted in his institution of origin — Institution with competence to decide on promotion of the transferred official)
Date: 2011-07-05
Institutions: Civil Service Tribunal
Subjects: European Parliament, civil servant, promotion








C_2011282EN.01005101.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/51





Order of the Civil Service Tribunal (First Chamber) of 5 July 2011 — Alari v Parliament
(Case F-38/11) (1)

(Staff case - Officials - Promotion - 2009 promotion exercise - Transfer from one institution to another during promotion exercise in which the official would have been promoted in his institution of origin - Institution with competence to decide on promotion of the transferred official)
2011/C 282/95
Language of the case: French

Parties


Applicant: Gianluigi Alari (Bertrange, Luxembourg) (represented by: S. Orlandi, A. Coolen, J. N. Louis and É. Marchal, lawyers)

Defendant: European Parliament (represented by: S. Alves and M. Ecker, agents)

Re:

Annulment of the decision not to promote the applicant in the 2009 promotion exercise.

Operative part of the order

The Tribunal:






1.


dismisses the action as manifestly lacking any foundation in law;










2.


orders the European Parliament to pay the applicant’s costs and to bear its own costs.






(1)  OJ C 179 of 18.06.11, p. 22
2011/399/CFSP: Political and Security Committee Decision Atalanta/3/2011 of 5 July 2011 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
Date: 2011-07-05
Institutions: Political and Security Committee
Subjects: Somalia, appointment of members, military intervention, military personnel, piracy








L_2011177EN.01002601.xml










6.7.2011   


EN


Official Journal of the European Union


L 177/26








            POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2011
of 5 July 2011
         
on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
(2011/399/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,


Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6 thereof,

Whereas:







(1)


Pursuant to Article 6 of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.












(2)


On 13 April 2011, the PSC adopted Decision Atalanta/1/2011 (2) appointing commodore Alberto Manuel Silvestre CORREIA as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.












(3)


The EU Operation Commander has recommended the appointment of Rear Admiral Thomas JUGEL as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.












(4)


The EU Military Committee supports that recommendation.












(5)


In accordance with Article 5 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,





HAS ADOPTED THIS DECISION:



Article 1
Rear Admiral Thomas JUGEL is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.


Article 2
This Decision shall enter into force on 13 August 2011.




Done at Brussels, 5 July 2011.


For the Political and Security Committee


The Chairperson

O. SKOOG
            





(1)  
            OJ L 301, 12.11.2008, p. 33.

(2)  
            OJ L 100, 14.4.2011, p. 72.
Case C-353/11: Action brought on 5 July 2011 — European Commission v Czech Republic
Date: 2011-07-05
Institutions: Court of Justice
Subjects: Czechia, infringement of EU law, market approval, national implementing measure, plant health product








C_2011252EN.01002602.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/26





Action brought on 5 July 2011 — European Commission v Czech Republic
(Case C-353/11)
2011/C 252/49
Language of the case: Czech

Parties


Applicant: European Commission (represented by: E. Manhaeve and M. Thomannová-Körnerová, acting as Agents)

Defendant: Czech Republic

Form of order sought







—


declare that, by failing to adopt all the necessary legal and administrative measures necessary to comply with Commission Directive 2010/5/EU of 8 February 2010 amending Directive 98/8/EC of the European Parliament and of the Council to include acrolein as an active substance in Annex I thereto (1), or in any event by failing to notify the Commission of such measures, the Czech Republic has failed to fulfil its obligations under Article 2 of that directive;










—


order the Czech Republic to pay the costs.





Pleas in law and main arguments

The prescribed period for transposing the directive into domestic law expired on 31 August 2010.


(1)  OJ 2010 L 36, p. 24
Case T-355/11: Action brought on 5 July 2011 — Segovia Bonet v OHIM — IES (IES)
Date: 2011-07-05
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011269EN.01005201.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/52





Action brought on 5 July 2011 — Segovia Bonet v OHIM — IES (IES)
(Case T-355/11)
2011/C 269/115
Language in which the application was lodged: English

Parties


Applicant(s): Jorge Segovia Bonet (Madrid, Spain) (represented by: M.E. López Camba and J.L. Rivas Zurdo, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: IES Insurance Engineering Services Srl (Milan, Italy)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2011 in case R 749/2010-2; and










—


Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘IES’, for services in classes 35, 36, 41, 42 and 45 — Community trade mark application No 6787345

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: UK trade mark registration No 2358802 of the figurative mark ‘IES’, for services in class 41

Decision of the Opposition Division: Upheld partially the opposition

Decision of the Board of Appeal: Dismissed the appeal and confirmed the decision of the Opposition Division

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that there was no likelihood of confusion between the earlier trademark and the contested community trade mark application as (i) the compared signs are confusingly similar, in particular from a phonetic point of view; and (ii) the services designated by the earlier registration are complementary to those designated by the contested Community trade mark application.
Products that may benefit from exemption from or a reduction in dock dues * European Parliament legislative resolution of 5 July 2011 on the proposal for a Council decision amending Decision 2004/162/EC as regards the products that may benefit from exemption from or a reduction in dock dues (COM(2010)0749 – C7-0022/2011 – 2010/0359(CNS))
Date: 2011-07-05
Institutions: Committee on Regional Development, European Parliament
Subjects: French overseas department and region, import tax, local tax, originating product, regional market








CE2013033EN.01023003.xml










5.2.2013   


EN


Official Journal of the European Union


CE 33/230





Tuesday 5 July 2011Products that may benefit from exemption from or a reduction in dock dues *
P7_TA(2011)0305
European Parliament legislative resolution of 5 July 2011 on the proposal for a Council decision amending Decision 2004/162/EC as regards the products that may benefit from exemption from or a reduction in dock dues (COM(2010)0749 – C7-0022/2011 – 2010/0359(CNS))
2013/C 33 E/31
(Special legislative procedure – consultation)

The European Parliament,







—


having regard to the Commission proposal to the Council (COM(2010)0749),










—


having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0022/2011),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Regional Development (A7-0199/2011),










1.


Approves the Commission proposal;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends substantially to amend the text approved by Parliament;










4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.